When speech is a nuisance

Yesterday, the Supreme Court denied certiorari in Conagra v. State of California, a California state court decision holding that that three companies that lawfully sold lead paint are liable for … ›

Lead paint, public nuisance, and the First Amendment

Prior to 1951, lead paint was lawfully sold and used in the interior of houses. This presented no problem at the time, but, as it ages and deteriorates, and as … ›

Can a legal, non-defective product be a public nuisance?

In the last decade, California was one of a group of states and cities that sued sellers and manufacturers of lead paint on the theory that those companies had contributed … ›

Federal courts can hold Forest Service accountable for fire conditions

Across the western United States, intense forest fires rage every summer, blackening millions of acres. One of the factors in the severity of these fires is the fuel conditions prevailing on … ›

Cert denied in Native Village of Kivalina

On Monday, the Supreme Court denied Kivalina’s cert petition.  Recall that this was a global warming nuisance tort action, brought by an Alaskan town against several large energy companes.  The … ›

Cert sought in global warming nuisance case

In Native Village of Kivalina v. ExxonMobil Corp., the Ninth Circuit held that the Clean Air Act displaces any otherwise existing federal law of public nuisance.  (PLF filed an amicus … ›

More analysis on Kivalina

Last week, the Ninth Circuit Court of Appeals affirmed the dismissal of the Native Village of Kivalina’s tort damages claim against a large collection of the country’s major energy producers.  … ›

SCOTUS and global warming

Author:  Damien M. Schiff This week PLF filed an amicus brief in the United States Supreme Court in support of the petitioners in American Electric Power Co. v. Connecticut.  The … ›

Global warming nuisance suit in the Supreme Court?

Author:  Damien M. Schiff This week, a collection of energy companies requested the Supreme Court to review the Second Circuit's decision in Connecticut v. American Electric Power Co.  The plaintiffs are … ›

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When speech is a nuisance

Yesterday, the Supreme Court denied certiorari in Conagra v. State of California, a California state court decision holding that that three companies that lawfully sold lead paint are liable for … ›

Lead paint, public nuisance, and the First Amendment

Prior to 1951, lead paint was lawfully sold and used in the interior of houses. This presented no problem at the time, but, as it ages and deteriorates, and as … ›

Can a legal, non-defective product be a public nuisance?

In the last decade, California was one of a group of states and cities that sued sellers and manufacturers of lead paint on the theory that those companies had contributed … ›

Federal courts can hold Forest Service accountable for fire conditions

Across the western United States, intense forest fires rage every summer, blackening millions of acres. One of the factors in the severity of these fires is the fuel conditions prevailing on … ›

Cert denied in Native Village of Kivalina

On Monday, the Supreme Court denied Kivalina’s cert petition.  Recall that this was a global warming nuisance tort action, brought by an Alaskan town against several large energy companes.  The … ›

Cert sought in global warming nuisance case

In Native Village of Kivalina v. ExxonMobil Corp., the Ninth Circuit held that the Clean Air Act displaces any otherwise existing federal law of public nuisance.  (PLF filed an amicus … ›

More analysis on Kivalina

Last week, the Ninth Circuit Court of Appeals affirmed the dismissal of the Native Village of Kivalina’s tort damages claim against a large collection of the country’s major energy producers.  … ›

SCOTUS and global warming

Author:  Damien M. Schiff This week PLF filed an amicus brief in the United States Supreme Court in support of the petitioners in American Electric Power Co. v. Connecticut.  The … ›

Global warming nuisance suit in the Supreme Court?

Author:  Damien M. Schiff This week, a collection of energy companies requested the Supreme Court to review the Second Circuit's decision in Connecticut v. American Electric Power Co.  The plaintiffs are … ›

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When speech is a nuisance

Yesterday, the Supreme Court denied certiorari in Conagra v. State of California, a California state court decision holding that that three companies that lawfully sold lead paint are liable for … ›

Lead paint, public nuisance, and the First Amendment

Prior to 1951, lead paint was lawfully sold and used in the interior of houses. This presented no problem at the time, but, as it ages and deteriorates, and as … ›

Can a legal, non-defective product be a public nuisance?

In the last decade, California was one of a group of states and cities that sued sellers and manufacturers of lead paint on the theory that those companies had contributed … ›

Federal courts can hold Forest Service accountable for fire conditions

Across the western United States, intense forest fires rage every summer, blackening millions of acres. One of the factors in the severity of these fires is the fuel conditions prevailing on … ›

Cert denied in Native Village of Kivalina

On Monday, the Supreme Court denied Kivalina’s cert petition.  Recall that this was a global warming nuisance tort action, brought by an Alaskan town against several large energy companes.  The … ›

Cert sought in global warming nuisance case

In Native Village of Kivalina v. ExxonMobil Corp., the Ninth Circuit held that the Clean Air Act displaces any otherwise existing federal law of public nuisance.  (PLF filed an amicus … ›

More analysis on Kivalina

Last week, the Ninth Circuit Court of Appeals affirmed the dismissal of the Native Village of Kivalina’s tort damages claim against a large collection of the country’s major energy producers.  … ›

SCOTUS and global warming

Author:  Damien M. Schiff This week PLF filed an amicus brief in the United States Supreme Court in support of the petitioners in American Electric Power Co. v. Connecticut.  The … ›

Global warming nuisance suit in the Supreme Court?

Author:  Damien M. Schiff This week, a collection of energy companies requested the Supreme Court to review the Second Circuit's decision in Connecticut v. American Electric Power Co.  The plaintiffs are … ›

When speech is a nuisance

Yesterday, the Supreme Court denied certiorari in Conagra v. State of California, a California state court decision holding that that three companies that lawfully sold lead paint are liable for … ›

Lead paint, public nuisance, and the First Amendment

Prior to 1951, lead paint was lawfully sold and used in the interior of houses. This presented no problem at the time, but, as it ages and deteriorates, and as … ›

Can a legal, non-defective product be a public nuisance?

In the last decade, California was one of a group of states and cities that sued sellers and manufacturers of lead paint on the theory that those companies had contributed … ›

Federal courts can hold Forest Service accountable for fire conditions

Across the western United States, intense forest fires rage every summer, blackening millions of acres. One of the factors in the severity of these fires is the fuel conditions prevailing on … ›

Cert denied in Native Village of Kivalina

On Monday, the Supreme Court denied Kivalina’s cert petition.  Recall that this was a global warming nuisance tort action, brought by an Alaskan town against several large energy companes.  The … ›

Cert sought in global warming nuisance case

In Native Village of Kivalina v. ExxonMobil Corp., the Ninth Circuit held that the Clean Air Act displaces any otherwise existing federal law of public nuisance.  (PLF filed an amicus … ›

More analysis on Kivalina

Last week, the Ninth Circuit Court of Appeals affirmed the dismissal of the Native Village of Kivalina’s tort damages claim against a large collection of the country’s major energy producers.  … ›

SCOTUS and global warming

Author:  Damien M. Schiff This week PLF filed an amicus brief in the United States Supreme Court in support of the petitioners in American Electric Power Co. v. Connecticut.  The … ›

Global warming nuisance suit in the Supreme Court?

Author:  Damien M. Schiff This week, a collection of energy companies requested the Supreme Court to review the Second Circuit's decision in Connecticut v. American Electric Power Co.  The plaintiffs are … ›